The Indian Contract Act of 1872 lays down the legal framework for enforceable agreements in India. One of the key provisions of the act is that any agreement that is against the law or public policy is considered illegal and void. This means that such agreements cannot be enforced in a court of law.
Illegal agreements can take various forms. Some examples include agreements that involve fraud, coercion, or misrepresentation. Other examples include agreements that violate laws related to gambling, prostitution, or drugs.
If you enter into an illegal agreement, you cannot seek legal remedies in a court of law. This means that if the other party to the agreement breaches the terms of the contract, you cannot sue for damages or seek specific performance.
It is important to note that even if only a part of an agreement is illegal, the entire agreement is considered void. This is known as the doctrine of severability. For example, if you enter into a contract with someone to sell illegal drugs, and the contract also includes a provision for the sale of legal items, such as a car, the entire agreement would be void.
In addition to being unenforceable, illegal agreements can also lead to legal consequences for the parties involved. For example, if you enter into an agreement to commit a crime, you could be held criminally liable for your actions.
It is therefore important to ensure that any agreement you enter into is legal and enforceable. If you are unsure about the legality of an agreement, it is always a good idea to seek legal advice before signing any contracts.
In conclusion, illegal agreements are considered void and unenforceable under the Indian Contract Act. It is important to ensure that any agreements you enter into are legal and enforceable to avoid legal consequences and potential harm. Always seek legal advice if you are unsure about the legality of an agreement.